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Issue date: 10Jan2002 Case No.: 2001-STA-60
In the Matter of:
WILLIAM KIRKPATRICK
Complainant
v.
ACTION STEEL SUPPLY, INC.
Respondent
BEFORE: Rudolf L. Jansen
Administrative Law Judge
ORDER
This case is presently scheduled to be called for hearing on January 15, 2002. I have recently been notified that Action Steel Supply, Inc. has filed for voluntary bankruptcy. Thus, the automatic stay provisions of the bankruptcy may apply. 11 U.S.C. § 162(a)(1); Torres v. Transcon Freight Lines, Case No. 90-STA-90, Sec. Ord., January 30, 1991.
The complaint filed by William Kirkpatrick alleges that Respondent had discriminated against him in violation of § 31105 of the Surface Transportation Assistance Act of 1982, 49 U.S.C. § 31105. Following an investigation, the Secretary determined there was not sufficient evidence to believe that Action Steel Supply, Inc. had violated any section of the Act and thus, the complaint was dismissed. It was from that finding that the Complainant appealed and requested a hearing in this matter.
In view of the above, IT IS ORDERED that the Assistant Secretary of Labor for Occupational Safety and Health will advise within fifteen days from the date of receipt of this
Order as to whether he has intervened in this proceeding or as to whether he has any intention of intervening in the prosecution of the complaint filed by William Kirkpatrick in this case.
